House of Lords: Size

Baroness Smith of Basildon Excerpts

Monday 5th December 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, this has certainly been an interesting debate and I am grateful to the noble Lord, Lord Cormack, for instigating it. I am also grateful to the noble Baroness the Leader of the House and the Government Chief Whip for providing government time for it.

Perhaps the most enjoyable part for me was the exchange between the noble Lords, Lord Norton and Lord Newby, on the facts of the issue. I welcomed the comment from the noble Lord, Lord Newby, that, despite the inevitable impact that elections would have on his Benches, he would still prefer to go forward on that basis. It was perhaps our first seasonal mention of turkeys voting early for Christmas.

The large number of speakers today reflects not only a concern about this issue but the fact that we are a self-regulating House and that we take that role seriously. We are ourselves seeking solutions and looking at how to move forward—and indeed, many other areas of Lords reform have been initiated in your Lordships’ House. If there are to be changes in how this House operates, including in its size, it will be helpful to proceed if not with consensus then certainly with broad agreement.

Labour Peers have been considering these issues for some time, and noble Lords will have seen our 2014 report. It is perhaps worth noting its title: A Programme for Progress: The Future of the House of Lords and its Place in a Wider Constitution. We have not had much debate tonight about its place in the wider constitution, but that has to be taken into account in areas of reform.

During this debate there have certainly been points with which I have agreed and others with which I have disagreed, and there have been a number of views and suggestions which I think are worthy of serious reflection and consideration. My noble friend Lord Cunningham of Felling, who is very experienced in these matters, said that it is difficult and complicated but that we can make a start. Tonight we have made that start. We have heard differing views on what the problem is and how it can be resolved, but there was broad agreement that we could be a more effective and better-understood Chamber, and perhaps be held in higher regard, if we had fewer Members.

However, the first principle should be that form follows function, and the role of this House has to be the central part of our debate. We have been clear about what we do and how we can best do it. The role of a scrutinising and revising Chamber is, as we have heard from many noble Lords, valuable—but, as we have also heard, it is often misunderstood.

The Canadian Senate has had some similarities with our Chamber, although I appreciate that it is very different at the moment. The first Prime Minister of Canada described the Senate as a Chamber of “sober second thought”. I think that that is a good description of how to approach matters. However, I also have no doubt that Governments have become less tolerant of that sober second thought, and indeed of more independent thought. I do not know whether noble Lords have been following the news today. The current political crisis in Italy started with a referendum on reducing the size and power of the Senate—the second Chamber. The Prime Minister was accused of attempting a power grab by trying to reduce the Senate’s powers, and there was a populist campaign in defence of the second Chamber. We should look at what is happening there.

This Parliament has been difficult for the Government. It is the first time ever that a Conservative Government have not had an automatic majority in your Lordships’ House. Both the Government and the Opposition parties have had to manage that—and, despite some transitional hiccups, I think that as a House we have managed the process well. Being a responsible Opposition does not mean that the Government get their own way every time, but nor does it mean that the Opposition can deny the right of an elected Government to implement the programme on which they were elected. As we have also heard, every Government have tended to appoint more of their own party Peers and fewer opposition Peers. In 1997, when Tony Blair became Prime Minster, there were 477 Conservative Peers and 117 Labour ones. But, even then, it was only after eight years and two electoral landslides that the Labour Party became the largest party in your Lordships’ House in 2005. Yet the pace then, from 2010, certainly gathered. The Conservative Party, despite there being two parties in government—the Conservative Party and the Liberal Democrats—became the largest party in your Lordships’ House after just three years.

Part of the problem is the short-term decisions that have been taken in recent years and a lack of understanding of the role of your Lordships’ House. David Cameron appointed more Peers per year and at a faster rate than any other Prime Minister since 1958 when life peerages were introduced—and more were from the Government parties and fewer from the Opposition. That then became further complicated because a significant number of those Peers were appointed to the Liberal Democrat Benches—which used to be on the other side of the House—meaning an extra 45% in their number, bringing them up to 104 from 72. However, when they went into opposition on this side of your Lordships’ House, the Prime Minister felt he had to appoint more Conservative Peers to try to balance the numbers—“ratcheting up” was the expression used by some noble Lords—to compensate for his former party of government moving into opposition. That is not the sole reason, but it is part of the reason why the size of the House has grown.

In addressing size, we have to look at two issues. One is reputational and the other is practical. When I first came to your Lordships’ House six years ago, we did not have an overflow seating area for Members of this House who were not able to come into the Chamber during Questions. That is something new that has come about with the increase in the size of the House. We should also recognise the reputational issue. A number of noble Lords commented on the difference between the number of Peers who attend and those who are entitled to attend. However, I do not think it is enough to say, “It’s okay because they don’t turn up very often”. It is almost as though we were suggesting to other Peers who do turn up that we could manage that bit better if they did not turn up very often, either. That is not acceptable. Every Member of your Lordships’ House is an equal and is entitled to be here and to vote. I am sure it was not just me and those in my party who winced when we heard one Member of this House complaining that he was appointed as an honour and did not like being called in so often to vote with the Government. That is not a party embarrassment but an embarrassment for this House.

Although I was interested in a lot of the comments of the noble Lord, Lord Wakeham, I have to say that I disagree with him that this is a part-time House. It is not a part-time House; we often sit longer than the other end. What we do have, however, is the fact that Members of this House do not have to be full-time professional politicians to engage in the work of scrutiny and holding the Government to account.

How do we achieve reducing our size? We can agree that we think there is an issue and we can agree on the principle, but how do we make it happen? The noble Lord, Lord Cormack, very helpfully said that we were talking about principle and not detail—but, inevitably, in talking about principle we have to look at some of the detail. I agree with the noble Lord, Lord Newby, although I do not feel quite as negative about it as he does, that every proposal will have its downside. But they will also have benefits, and that needs to be taken into account and looked at.

On the issue of a retirement age, I feel very uncomfortable with my great and noble friend Lord Dubs, who introduced me into this place, sitting behind me. I know he said that he would be happy to go but we would not be happy for him to go. Whatever age we suggest, we can all identify noble Lords of that age or older who make an amazing contribution to this House, and name a few others who are younger than them who do not. I think we would find that, although most noble Lords would favour a retirement age, they will choose an age that is five years above the age they are. Therefore, although I am sure that retirement will be looked at as part of the criteria, we cannot look at that solely. The noble and learned Lord, Lord Hope, made the important point that some Members of this House—not just those on the Cross Benches—come in once they have retired from their profession because they want to use their expertise in the work of this House.

If we were to look just at attendance, it would disproportionately affect the Cross Benches. We should expect a basic level of activity and commitment to this House from all noble Lords. Having said that, we need to recognise the contribution of those who do not attend very regularly, but who, when they do, add experience, expertise and value to the work that we do. It is about getting a balance between those two issues so that we can do justice to our colleagues, whom we want here, but with the expectation that people are here not just as an honour but to play a role in legislation and the work that we do.

Another issue is whether we should in some way tie numbers here to a general election. It needs careful thought. I am totally opposed to using the previous election alone as a marker for numbers and proportions of the different parties and the Cross Benches. We should perhaps look at the trends over three elections, as Professor Meg Russell has said. To have this House bouncing about from one side to the other because of one election result would undermine the very essence of what we are about. We are not a reflection or a mirror of the House of Commons; we are a distinct and separate body. We complement and work with the House of Commons but we are different. The noble Baroness, Lady D’Souza, made a similar point about three elections. We have to take care about how we look at that.

What are the guiding principles when looking at size? For me, the one that is non-negotiable—this has been mentioned many times—is a cap on numbers. It does not have to be an absolute number; it can be a band of numbers. I have previously been told—the noble Baroness, Lady Stowell, will remember the many discussions we had on this matter—that it was totally unacceptable to the Government as the Prime Minister has to have the right to make appointments and cannot be fettered in any way. However, I am not talking about removing the patronage of Prime Ministers—I am not against Prime Ministers having patronage and making appointments to this House of people who have worked for their parties and their Governments—but there are limits. Unless a cap is agreed there will be no value in—and perhaps more importantly there will be no agreement on—reaching a reduction in the size of your Lordships’ House. If over a period of time—perhaps five, 10 or even 20 years—the numbers grow back, that will happen only through more government appointments. I have had colleagues on my side of the House say to me, “I would retire but, if I do, all I do is create a government vacancy”. That is not what this House should be about. I am not talking about an exact number but there should be a band with a top level on it.

Another point I have made before is that form should follow function. The Labour Peers’ report suggested 450—a working number—but the reason they came to that figure is because they looked at the committee work and the scrutiny that this House does. It is not only about legislation. We work on EU legislation and on statutory instruments—which we do so much better than the other place—and with Brexit coming along there may well be increased activity in your Lordships’ House. As we progress through the Brexit process we need to ensure that the Government are given advice by this House and can address all issues.

We agree that, whatever the number is, it is likely to be lower than the size of the Commons. However, relative size to the Commons is not the driver. The work that we do and how we do it should be the driver. However, it is inevitable that we will be smaller than the House of Commons.

I have two final points. Another point made by Professor Meg Russell, which I feel strongly about, is that we have to take into account the political balance of your Lordships’ House. There is an Official Opposition and Government in the other place and in this place and that must be recognised. The 20% or thereabouts that we have talked about for Cross-Bench representation does not seem unreasonable, but we are a political Parliament with an Official Opposition and a role for political parties and that has to be recognised. I would not go down the Canadian route of all Members now being appointed as independents—that would be a step too far—but we want to ensure that political recognition is taken into account.

Finally, if we are reduced in size it is inevitable that a spotlight will be shone on the appointments process and we need greater transparency in how appointments are made. Again, I am not trying to stop Prime Ministers and the leaders of the Opposition and other parties making their political judgments on who they want in here, but there has to be openness about the criteria used. The Appointments Commission has five Peers and two independents. Should we look at a greater role for independents to get a more widespread and diverse approach to how we appoint Peers?

We have made an important start today. I make one further plug to end the absurdity of the elections of hereditary Peers. The whole House recognises that the time has come to do so. That is not in any way to cast aspersions on the hereditary Peers who play a full role in this House, but it should be done to show that we understand and share the public’s concerns. There is an opportunity here. Although there is not a complete consensus there is broad agreement and we want to move forward.

Business of the House

Baroness Smith of Basildon Excerpts

Thursday 1st December 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I apologise for detaining the House as we have some important debates but I wish to raise an issue that has come to my attention this morning and which I think should be brought to the attention of this House.

Noble Lords will recall that, when the noble Baroness the Leader of the House made her Statement on the Government’s intentions regarding the Strathclyde report, it was warmly welcomed by this House; we were grateful for her comments and tone and the way that she has handled this issue. My understanding from that Statement and the debate was that we should abide by all conventions of this House and recognise our role as a second Chamber.

However, this morning—literally five minutes before I came to the Chamber—I found on my desk a report from David Lidington, the Leader of the House of Commons, on Strathclyde. The foreword of that report says:

“Whilst recognising the valuable role of the House of Lords in scrutinising SIs, the Government remains concerned that there is no mechanism for the elected chamber to overturn a decision by the unelected chamber on SIs. We do not believe that it is something that can remain unchanged if the House of Lords seeks to vote against SIs approved by the House of Commons when there is no mechanism for the will of the elected House to prevail. We must, therefore, keep the situation under review and remain prepared to act if the primacy of the Commons is further threatened”.

This is, again, a basic misunderstanding of how statutory instruments operate. This has never been an issue about the primacy of the House of Commons, but the primacy of the Government regarding secondary legislation. SIs come not from the House of Commons to this House, but from the Government to both Houses. They do not have to be considered by the House of Commons first—there is no mechanism to ensure they are considered first by that House. The conventions of this House are clear that, in exceptional circumstances—which I think has been five times since the Second World War—this House may reject a secondary instrument.

I appreciate that there is some difference between the Government’s understanding of SIs and ours, but I did really believe that the Government understood the conventions of this House as enshrined and accepted in the report of my noble friend Lord Cunningham, which was accepted by both Houses unanimously. When the noble Baroness the Leader reported to this House, we welcomed the content and her tone. She said—in an entirely reasonable comment—that,

“The Government are therefore reliant on the discipline and self-regulation that this House imposes upon itself. Should that break down, we would have to reflect on this decision”.—[Official Report, 17/11/16; col. 1539.]

I think that is entirely reasonable. Should the conventions break down, it is entirely reasonable that the Government should look at those conventions and perhaps revert to the Strathclyde review. However, that is a long way from what David Lidington says in his report. I have two questions for the noble Baroness. Do the Government still accept the Cunningham report and the conventions of this House as being the guidance underpinning our work, and to which we should adhere as a self-regulating House? The noble Baroness said in her Statement that, having considered the matter carefully, legislation would not be introduced. As I say, I have not had time to read the report published today in its entirety as I received it literally only five minutes before today’s proceedings in the House commenced. However, it says:

“We must … keep the situation under review and remain prepared to act if the primacy of the Commons is further threatened”.

David Lidington refers to that as being just the Lords seeking to vote against an SI. Does that mean that if somebody tables a fatal Motion, the Government will review the Strathclyde report and will be prepared to act? Or does it mean that if this House ever votes against an SI, legislation will be brought forward under the terms of the Strathclyde report?

I have enormous respect for the tone of the noble Baroness’s Statement and its understanding of this House. My criticism is directed not at all at her or at the Statement; it is directed entirely at what the Government now appear to be saying in David Lidington’s report. I would be very grateful to her if she could answer my questions but the Government need to reflect further on the Lidington report, and whether it should be withdrawn in the light of my comments today.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, I thank the noble Baroness for her comments. I am sorry that she takes the view that she does. All I can say is that the Government of course recognise the conventions of this House. I reiterate what I said last week:

“We recognise the valuable role of the House of Lords in scrutinising SIs, but there is no mechanism for the will of the elected House to prevail when they are considered, as is the case for primary legislation”—

as the noble Baroness said, and I said—

“The Government are therefore reliant on the discipline and self-regulation that this House imposes upon itself … This House has an important role to play in scrutinising and revising legislation, and the Government recognise this”.—[Official Report, 17/11/16; col. 1539.]

Because of the constructive way this House works, we do not believe that we need to introduce primary legislation at this time. What I said last week remains the position of the Government. The tone I used and the constructive debate that we had is exactly what we need to see in this House. I reassure the noble Baroness that my Statement last week stands, as do the thought and intention behind it.

House of Lords: Appointments Commission

Baroness Smith of Basildon Excerpts

Monday 28th November 2016 Lords Chamber

[Baroness Evans of Bowes Park]

As I said to my noble friend, we believe that it is for political parties to be accountable for the Members appointed to their Benches, and that they should be responsible for ensuring that the people they nominate make an effective contribution. We believe that the current remit of the commission does an effective job in striking the balance between recommending independent candidates, ensuring the propriety of all nominees and maintaining the accountability of political parties for their nominations.

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Lord, Lord Forsyth, has raised these issues before. I do not entirely agree with him but he is on to something here. The Appointments Commission has a specific purpose, including the clear, transparent understanding of the criteria for appointment to this House, and we do not have that for any political appointments. Last time we had the bizarre spectacle of a leaked name publicly withdrawing from a process that had not even been publicly acknowledged. Is there not a role for either HOLAC or a similar body not to make political judgments but to examine the contribution an individual could make, their expertise, interests and skills, and their willingness to contribute as a working Peer, as well as their suitability?

[Baroness Evans of Bowes Park]

The noble Baroness makes an important point about the rigour with which the commission looks at propriety, by the very case that she raises. It has an extremely important role in considering the past conduct of nominees and looking at whether anything they have done in the past may bring the House into disrepute. It has a key role in that area.

Strathclyde Review

Baroness Smith of Basildon Excerpts

Thursday 17th November 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for the Statement. It came very promptly after the leak last night, and I do not think she expected to be here this morning. The decision not to proceed with legislation is warmly welcomed by your Lordships’ House, as she will have heard. I pay tribute to the noble Baroness the Leader of the House and to the noble Lord the Government Chief Whip for the way in which they have approached this issue—it is appreciated. I also put on record our thanks to the noble Lord, Lord Strathclyde, for the diligence and care he took on his report. I welcomed and enjoyed the discussions we had, although I have to say that, knowing the commitment he has shown to this House over many years, I sometimes felt his heart was not quite in it.

Although we welcome the main conclusion that there should not be legislation, we still feel that option 3 in the report is wrong, and that it misunderstands the role of this House and the constitutional position of statutory instruments, which are sent to your Lordships’ House from the Government, not from the House of Commons. This was never about the primacy of the House of Commons but about the primacy of government. We certainly welcome the fact that this has been done in the spirit of looking forward rather than of what has happened in the past, and none of us wants to rerun the old arguments. However, I want to briefly reflect on the constitutional background that led to the Strathclyde review following the votes on the tax credits statutory instrument.

That review and its recommendations were an absurd overreaction from the then Prime Minister and completely unnecessary. But perhaps it did us a great service: for one brief moment in time, statutory instruments became exciting to people who had never heard of them before. This House has an enviable and well-deserved reputation for the way in which it fulfils its duty of scrutiny of government legislation, including secondary legislation. As a House, we recognise those responsibilities but also our limitations as an unelected second Chamber. We also recognise that when it comes to secondary legislation, with our scrutiny committees and our debates, we discharge that duty with both expertise and experience.

We considered that, as a significant policy change, the tax credits proposals should have been dealt with more appropriately and properly as primary legislation. But even then, this House was reluctant to just block them and we rejected a fatal Motion. However, again in the spirit of how this House works best, we sought to find a sustainable way forward to provide the Government with greater detail on the impact of the proposals, and the time and the space to think again, reflect and reconsider. That gained support from all corners of this House and was passed. The Government reconsidered and changed the policy. That was the right and appropriate action to take.

Your Lordships’ House unanimously agreed the report of the Joint Committee on Conventions, chaired by the noble Lord, Lord Cunningham of Felling, in 2006, which said that in clearly exceptional circumstances this House retains the power to vote against and reject secondary legislation. But the significance of that power is reflected in how rarely it is used: just five times in nearly 70 years. There have been other attempts, but all have failed. That is because it must be exceptional—for example, where the primary legislation is in effect a skeleton Bill or where an SI is being used for a significant policy change, but not where secondary legislation is merely implementing the details of policy from primary legislation. That does not mean we do not challenge the Government or hold them to account but, as the report clearly says, unless there are exceptional circumstances,

“opposition parties should not use their numbers in the House of Lords to defeat an SI simply because they disagree with it”.

The tax credits votes that led to this review were exceptional. They fulfilled the criteria. It was not just a matter of disagreeing, but was completely in line with the history and conventions of this House and the Cunningham report.

The noble Baroness referred to Brexit. Over the past few weeks, there has been considerable speculation about the role of your Lordships’ House in examining Brexit. We have been clear: we will not block; we will not delay. But a Government without a plan do not have a blank cheque. Clearly this House will have an important role, especially if there is considerable secondary legislation that will need us to work together to provide effective scrutiny from all sides of the House in the public interest. I say to the noble Baroness that I hope she and her colleagues in government will see this House as an asset rather than just a challenge.

On these Benches we always considered that the Strathclyde review was evidence that the then Prime Minister, David Cameron, loathed challenge and feared scrutiny. That made life a bit difficult for us because challenge and scrutiny are what we do. However, in warmly welcoming today’s announcement, I thank the noble Baroness and the Chief Whip. I hope this heralds a new, more adult and reasonable approach to government and opposition where challenge and scrutiny are recognised as being in the public interest.

[Lord Newby (LD)]

My Lords, I thank the noble Baroness the Leader of the House both for making the Statement and for its content. I echo the words of the noble Baroness, Lady Smith, about the sensible approach that she and the Chief Whip have taken over this issue.

At the time, we regarded the Government’s response to the votes on tax credits as being a petulant overreaction. It was part of a general approach that regarded Parliament as a bit of an inconvenience, an approach sadly replicated by their view on parliamentary debates on triggering Article 50. In our view, the House was exercising its scrutiny powers within well-established rules. We rested our case on the Motion proposed by Lord Simon of Glaisdale in 1994, now enshrined in our Companion to the Standing Orders:

“That this House affirms its unfettered freedom to vote on any subordinate legislation submitted for its consideration”.

Our traditional role is to ask the Commons or, as in the case of tax credits, the Government to think again when we believe they have got it wrong. It is worth recalling that in reality, on the question of tax credits, exercising that role produced the rethink that your Lordships’ House was seeking.

The noble Lord, Lord Strathclyde, undertook his review with his customary energy and wisdom but struggled to find a way forward that was an improvement on the current position. It was extremely interesting when his report was debated in your Lordships’ House what wide agreement there was across the Benches about both the pitfalls of his preferred approach and the other things that could be done to improve secondary legislation and the way that it is scrutinised. The clearest message from that debate, which I strongly endorse, was that many of the problems with secondary legislation arise when the Government use it to implement measures that should be included in primary legislation.

There was also a widespread view in the debate that the way in which we scrutinise secondary legislation could be improved by giving some scope for rethink and amendment. Certainly, both as a party spokesperson and as a Minister, I have found debates on statutory instruments for the most part particularly sterile. Will the Government therefore be prepared to countenance further discussion about how the quality of scrutiny of SIs by your Lordships’ House could be improved? In the light of yesterday’s suggestion that the Brexit process might lead to upwards of 2,000 SIs being produced, could the Government give an assurance now that they will not abuse the SI system in future by including in statutory instruments substantial policy issues that should rightly be the subject of primary legislation?

European Council

Baroness Smith of Basildon Excerpts

Monday 24th October 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Prime Minister’s Statement. I also welcome the noble Lord, Lord Newby, to his first contribution to the House as the new leader of his party group. I am in the slightly strange position of now being the longest serving group leader in your Lordships’ House.

These EU Council meetings are undoubtedly trickier and more awkward for this Prime Minister than they have been for her predecessors. For all the hope and talk of being in until we are out, a worrying picture is emerging of a UK that is already starting to be sidelined. I suppose that it is inevitable and understandable, but it is nevertheless significant and it is of concern. I think that this is the first time that a British Prime Minister has not had important bilateral meetings with key EU leaders such as those of France and Germany. The three bilateral meetings she had were with Estonia, Romania and Greece. They were cordial and important issues were discussed, but they were not those which are central to the UK exit or our future.

When our Prime Minister spoke to the other 27 leaders about Brexit, if the accounts of that meeting or dinner are accurate, she had just five minutes in which to do so. But that may have been just long enough for the key messages she wanted to give because here we are, four months after the referendum result, and we are no closer to understanding the Government’s negotiating position. What is of more concern is that there is no confidence, either at home or in the EU, that the Government are any nearer to clarifying their negotiating position. So our Prime Minister wanders into high-level European Council meetings at a disadvantage even before they start. While such a position might have been understandable for her first or even her second meeting, it cannot continue.

I read the transcript of the Prime Minister’s statement in the press conference. There are only so many times that we can fall back on abstract and general terms about “finding the balance”, “maintaining a good relationship” or “playing a full role in the EU while we remain” before we have to start the serious work of negotiation. Before we do that, the UK has to have a position. We can sense the frustration from the EU in some of the comments made by other leaders, who are as keen as we are to understand the position of the UK Government.

Before I turn to the specific conclusions of the Council, I want to add something about the process in our Parliament. I read reports at the weekend, as did others, that an unnamed Cabinet Minister has responded to concerns raised about Brexit by Members of your Lordships’ House by saying that the Government could do a “Lloyd George” and create another 1,000 Peers. Here we go again.

Let us be clear. There are few in this House who do not have genuine concerns about the future of the UK outside of the EU and the Government’s apparently confused and unsettled approach to negotiating our exit. We take our responsibilities seriously in assisting the Government to make the best possible arrangements for the UK. We will use the expertise and knowledge of this House fully to understand the implications of Brexit, to advise the Government and to do whatever we can to ensure that these issues are effectively addressed, both through our highly regarded EU Committees and on the Floor of your Lordships’ House. We will scrutinise; we will examine; we will not block. But nor will we be bullied into abdicating our responsibilities.

We have to be adult about this. We cannot have the most enthusiastic Brexiters crying foul every time Parliament asks for some details or seeks to scrutinise. This cannot be the only issue on which the Government are allowed a blank cheque without any accountability. It is complex, it is difficult and the Government should see this House as an asset and not try to avoid helpful scrutiny. Their mantra of “No running commentary” is becoming embarrassing and sounds like code for “We haven’t a clue”. Can I suggest that the Government abandon this and see Parliament as a resource for getting this right?

On migration, it seemed that nothing new came out of the Council meeting. The first page of the press release states:

“The European Council took stock of the latest developments … highlighting the importance of implementation”.

It just reads as an update on actions going back, as indicated on page 2, “many years”, and a call for more action on previously agreed policies. Given the scale of the crisis, can the noble Baroness highlight anything new or any real progress that was made on this issue?

In the final paragraphs of the report on external relations and the atrocities waged on civilians in Aleppo, the language is strong, but a statement that:

“The EU is considering all available options, should the … atrocities continue”,

does not appear to have worried President Putin very much as his military flotilla sailed through the English Channel. Can the noble Baroness say anything more about the Prime Minister’s role in these discussions and what action she urged on the EU?

On trade, there were discussions regarding the stalled EU-Canada Comprehensive Economic and Trade Agreement. The Prime Minister has repeated in her Statement today that she is not looking at any existing model for future UK trade agreements but that the UK will create something new and specific to the UK. Although we have been unable to have anything other than very informal discussions with other countries regarding future trade agreements, it is clear that EU negotiations with Canada, Japan and other trade partners, including South America, will impact on the UK and on our future discussions. Just by saying, as the Prime Minister does in her Statement, that it will not have any impact does not make that the case. What role is the UK playing in these negotiations and what serious assessment is being undertaken of the future impact on any UK negotiations with these countries and the EU?

Although the Prime Minister did not have a formal bilateral meeting with the Spanish Prime Minister, was there an opportunity for an informal conversation, either at ministerial or official level, on Gibraltar? I know that the noble Baroness will understand the concerns of the Government and people of Gibraltar. Can she provide reassurance today that they will never be used as bargaining chips in pursuit of a wider settlement?

[Lord Newby (LD)]

My Lords, I thank the noble Baroness the Leader of the House for repeating the Statement and the noble Baroness, Lady Smith, for her welcome.

Picture the scene: it is one o’clock in the morning—the dinner started five hours earlier. The Heads of Government are texting their chauffeurs to come and pick them up, and almost as an afterthought to the main proceedings, the British Prime Minister is asked to speak about the Government’s approach to Brexit. She speaks for five minutes. The weary Prime Ministers heave a sigh of relief and stagger into the night. This is not regaining control, this is just humiliating.

On the substance of the Prime Minister’s middle-of-the-night performance, can the noble Baroness the Leader of the House explain why it took her so long to deliver it? Given the almost total lack of information that she has provided to Parliament so far, she could have written her presentation on a postage stamp. Why on earth did it take five minutes?

In the discussions earlier in the day, the Prime Minister apparently played a vigorous part: on Syria, on migration and on external trade. She says that she wants to continue to play a full part in such discussions as long as we remain a member of the EU. In recent weeks, however, she and other Ministers have used language that can only harden attitudes towards the UK among the other EU politicians. Can the noble Baroness explain to the House how such rhetoric can do anything other than weaken our negotiating position not just on Brexit but on every other issue as well? Is not this weakness reflected in the fact that, instead of meeting the leaders of France and Germany, as the noble Baroness, Lady Smith, has pointed out, the Prime Minister only had summit bilaterals with the leaders of Estonia, Romania and Greece? Is it not also reflected in the fact that the Prime Minister pleaded with the other 27 member states not to be excluded from meetings, only to be told that she was living on “another planet” if she expected to be involved in discussions that affected the future of Europe after our planned departure date?

In these circumstances, what does the Prime Minister’s statement that she will be a “strong and dependable partner” really mean? Have not the other Heads of Government already decided that, for their purposes, she is actually weak and irrelevant? Is it not the case that with every passing month, our influence with other member states will diminish, and that as they take decisions with long-term implications, they will simply view the British input as increasingly irrelevant? Moreover, does this not foreshadow a longer-term problem for the UK; namely, that as discussions at EU Council meetings increasingly cover actions to be taken after our planned date of departure, our voice will be simply and increasingly ignored? Can the noble Baroness give the House some idea of how, if we are no longer members of the EU, the Government can hope to exercise as much influence as we now have with the 27 other EU member states when we are not even in the room when they discuss issues such as security, foreign policy, migration or the environment?

On the summit issues themselves, can the noble Baroness confirm whether a no-fly zone in Syria is now government policy, given recent comments by the Foreign Secretary? Am I right in thinking that the Prime Minister failed to use the opportunity of the summit to press her French counterpart about how best to protect the hundreds of children currently stuck in the Calais Jungle camp? Will she update the House, given today’s events in Calais, on how many children the UK expects to take as a result of the system initiated by the noble Lord, Lord Dubs? In her discussion with the Prime Minister of Greece, did she take the opportunity to discuss how most effectively we could begin to take unaccompanied refugee children from there, in pursuance of the Dubs amendment?

I believe that the Prime Minister spoke on—and voted at the summit to prevent—the imposition of punitive duties on Chinese steel imports. Was that indeed the case, and if so, how does the Prime Minister justify her stance? Can the noble Baroness imagine that we would take a similar stance if the dumping country were any other than China, with which the Government seem desperate to retain good relations at almost any cost?

This Statement is from a Government who believe they can lecture people into being sympathetic, who are split from top to toe on what they want Brexit to look like, and who now have no admirers and virtually no friends left in Europe. This is not a recipe for a bold new future for our country, this is a recipe for disaster.

G20 Summit

Baroness Smith of Basildon Excerpts

Wednesday 7th September 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement today. It was always going to be difficult following the Brexit vote, but as the new Prime Minister, Theresa May appeared confident. She met with most of the other world leaders who were interested to meet her—partly, I think, because they are keen to understand what the post-EU era means for them and their relationship with us in the UK. So this was, by any standards, a crucial summit. We are all aware that the vote to leave the EU has created considerable uncertainty here in the UK, but in paragraph 42 of the communiqué the international uncertainty is also clear. Despite some promising recent manufacturing statistics, the long-term uncertainties remain.

What is clear is that the Government are still thinking through the implications, what our negotiating position is going to be and what outcomes we seek. It is now common knowledge that no advance preparation had been undertaken, which makes the job of the Prime Minister even harder. She had to attend this summit knowing that she would be expected to discuss with other world leaders how the decision would affect them and their relationship with the EU and the UK. Countries such as Japan were seeking some degree of predictability for their investments and businesses in the UK, but she was unable to provide reassurance or answers—not because she does not want to be helpful or make the best case for the British economy but because we are still in the “don’t know” zone. While I appreciate what lies behind the statement “Brexit means Brexit”, I have to admit that I do not know what it means—and neither, apparently, do other members of the G20.

Following the Prime Minister’s meeting with her old university friend, the Australian Prime Minister, Malcolm Turnbull, I think that we were all left with the impression—I certainly was—of exciting new trade and economic agreements. But the clarification from Mr Ciobo, the Australian Trade Minister, has dampened that excitement. It almost sounded like a “Yes, Prime Minister” sketch as we heard him say on the “Today” programme that a UK-Australia deal could happen only,

“when the time is right”.

Sir Humphrey might have added “in the fullness of time” or “in due course”.

We cannot sign deals with other countries while we are still in the EU and we do not know when we will be leaving it. Meanwhile, negotiations between Australia and the EU will be completed probably before we even start. To heap humiliation upon embarrassment, the Australian Minister added that because the UK has no trained negotiators of our own, he has offered to lend us Australian experts for the initial talks. Can the noble Baroness confirm that what is really on offer is talks about talks? Will we accept their kind and generous offer to use their experts for our discussions with them?

Is the noble Baroness also able to say anything more about the meeting with the Japanese Prime Minister, following his 15-page memo on Japan’s specific concerns, and whether they discussed car manufacturing remaining in the UK whatever the Brexit terms are?

We understand why our allies are uncertain. I fear that there is a danger of us becoming marginalised. Meetings took place without us that in the past we might have expected to be part of, such as President Obama’s meeting with Angela Merkel and Francois Hollande. What is encouraging, though, is that these countries are not hostile. I think that they genuinely want to make their economic relationship with us work—but we have to get moving to create the certainty and clarity that they need.

It is not just our international friends who are uncertain. So are we—even, it appears, members of the Cabinet. On Monday, the Secretary of State for Exiting the EU, David Davis, responded to a question from Anna Soubry MP about whether, in light of the concerns raised at the G20 about the impact on the economy,

“the Government are prepared to abandon that membership of the single market”.

He told the House of Commons that,

“the simple truth is that if a requirement of our membership is giving up control of our borders, then I think that makes it very improbable”.—[Official Report, Commons, 5/9/16; col. 54.]

Those were the Secretary of State’s words: “very improbable”.

Now, I am not clear how he defines,

“giving up control of our borders”,

but he was quickly slapped down by No. 10, which said that this was his “opinion” and not “policy”. Yet, in your Lordships’ House yesterday, the noble Lord, Lord Bridges, responded to my noble friend Lord Wood, that the Government,

“are not in a position to go into detail on this other than to say that we are not looking at an off-the-shelf response”.—[Official Report, 5/9/16; col. 889.]

I am confused, and I do not think I am the only one. I thought that the Secretary of State was articulating government policy from the Dispatch Box—but apparently not. Can the noble Baroness confirm whether, when Ministers make statements in either House, the statements should be regarded as government policy—or can we now expect to hear private opinion as well? How will we be able to tell the difference?

Finally, the summit also discussed other issues, included terrorism and refugees, as referenced in the Statement. Paragraph 44 of the communiqué deals with refugees. I welcome that the Government signed up to the communiqué quote:

“We call for strengthening humanitarian assistance for refugees and refugee resettlement”.

The noble Baroness will have heard the exchanges in your Lordships’ House yesterday and again today about the grave disappointment with the Government’s actions to date on resettling those unaccompanied children who qualify to come to the UK under family reunification laws yet remain in the camps in Calais—in the Jungle.

Is she aware of the report today from UNICEF, which is highly critical of the UK Government because of the danger that these children are in? They are often traumatised by both the journey from their home country and by what they witnessed or suffered there. As the author of the UN report states, they are,

“at risk of the worst forms of abuse and harm and can easily fall victim to traffickers and other criminals”.

What can be more important than ensuring that these children, who are legally as well as morally entitled to safety and refuge in the UK, have that refuge? Does the noble Baroness consider that the Government now need to take faster and more effective action to fulfil both the Dubs amendment on child refugees, passed by this House while Theresa May was Home Secretary, and the agreement reached at the G20 summit?

I hope that the noble Baroness will be able to address these questions and that the Government truly understand how important clarity is and that uncertainty is the enemy of good government.

[Lord Wallace of Tankerness (LD)]

My Lords, I too thank the noble Baroness the Leader of the House for repeating the Statement this afternoon. The Prime Minister’s Statement and the G20 leaders’ communiqué clearly set out the challenges facing the global economy at this time. As the noble Baroness, Lady Smith, quoted, it goes on to state clearly:

“The outcome of the referendum on the UK’s membership of the EU adds to the uncertainty in the global economy”.

One wonders whether any of that uncertainty was dispelled by the numerous meetings that the Prime Minister had. She says that “Brexit means Brexit”, but I rather suspect that none of the other G20 leaders knows what it means; and as the noble Baroness, Lady Smith, indicated, it appears that some members of the Cabinet do not know what it means either. When one hears that Downing Street spokespersons are dismissing a Secretary of State’s quotes as being personal rather than a statement of government policy, it suggests that the collective responsibility that we had in the coalition was a model that this Government ought to follow. Perhaps the noble Baroness the Leader of the House will take the opportunity now, and not rely on a No. 10 spokesperson, to make the position very clear with regard to the comments of the Secretary of State for Exiting the EU on Monday.

Since the result of the referendum in June, a number of Conservative Ministers have sought to give the impression that they could agree new trade deals in time for tea. The clear evidence from this summit is that that will simply not be the case. Although a number of world leaders have talked about maintaining good relations with the United Kingdom—which is very welcome—few gave the impression that a trade deal with the United Kingdom was a top priority for them. President Obama made it clear that a trade deal between the EU and the USA was a much greater priority. He was not the only world leader to take that position. The Japanese Government have released a detailed document setting out their concerns. Prime Minister Shinzo Abe has warned the Prime Minister that Japanese companies need more certainty in order to stay in the United Kingdom, and Japan’s ambassador to the United Kingdom has highlighted that Japanese companies could disinvest from our country.

The Prime Minister’s statement refers to the leaders of Mexico, South Korea, India and Singapore, who said that they would welcome talks on removing barriers to trade between our countries. That is very welcome, but can the Leader of the House give the House some context? What percentage of goods are exported from the UK to these four countries in total, compared with the percentage exported to one country, Germany, with which we would inevitably be raising trade barriers unless we enjoy full membership of the single market? Even Australia, the country from which the Prime Minister had the warmest welcome at the G20, has been clear that any post-Brexit deal with the UK would have to wait until Australia had completed parallel negotiations with the European Union, a process which will not even begin for another two and a half years at the earliest. I fear it is a long time since Britain has stood so alone on the world stage. Can the Leader of the House confirm that, at the summit, the Prime Minister did not hold a single bilateral meeting with any other Europe Union leader?

Will the noble Baroness take this opportunity to end the current uncertainty? Do we not owe it, globally and to companies here at home, to indicate what our position will be with regard to membership of the single market? Does she agree that securing such membership should be the Government’s priority rather than burdening British companies with additional red tape and compromising our position as a global economic nation?

We on these Benches are also deeply disappointed that the Prime Minister failed to raise the issue of steel exports with China during her bilateral meeting with President Xi Jinping. Thousands of jobs at Port Talbot, and across our steel industry, are facing an uncertain future because of dumping of steel on the EU market by China, but although it was raised in plenary, it does not appear that the Prime Minister took the opportunity to make the case in a bilateral meeting.

Although there has been much aspirational talk by Ministers of preferential trade deals, one is conscious that the only concrete, substantive trade deal that we have heard about since Parliament returned on Monday is the continuing supply of military equipment to Saudi Arabia. Can the noble Baroness tell the House what discussions the Prime Minister had with Saudi Ministers at the G20 regarding the position in Yemen and international humanitarian law? Will she clarify her Government’s definition of a “serious” breach of international humanitarian law?

With regard to other matters, the communiqué states a clear commitment to,

“usher in a new era of global growth and sustainable development, taking into account … the Paris Agreement”.

Given the news that China and the USA have now ratified the Paris Agreement, will the noble Baroness commit to the UK ratifying that agreement in line with our international partners? Will she also confirm whether or not it will require parliamentary approval under Section 20 of the Constitutional Reform and Governance Act 2010 and, at the same time, whether the same parliamentary requirement applies to any Brexit agreement with the remaining EU?

The communiqué also states a clear commitment to,

“taking into account the 2030 Agenda for Sustainable Development”.

What action are this Government taking to ensure that the sustainable development goals are truly universal and that each government department is working towards these goals?

We on these Benches remain very concerned at the global refugee crisis. Given the attention given at the conference to the refugee crisis, will the noble Baroness be more specific about the Government’s objectives at the upcoming high-level meeting on refugees and migrants in New York later this month? Can she also answer the points raised by the noble Baroness, Lady Smith, in relation to the some 380 children eligible to come to the UK who are currently in Calais?

We have heard in recent weeks that Brexit is Brexit, but we seem to be no closer to knowing what it actually means. From the briefings given on the Prime Minister’s plane, we know that it does not mean a points-based immigration system or that £350 million a week will be given to the National Health Service—that promise, given by those who are now senior members of the Conservative Government, is no longer worth the bus it was written on. There is much confusion from the Conservative Government, and in the face of that confusion, we on these Benches will continue to fight to keep Britain open, tolerant and united.

Tributes: Baroness D'Souza and Lord Laming

Baroness Smith of Basildon Excerpts

Monday 5th September 2016 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, your Lordships will have perhaps noticed something very different in the Chamber today, with the noble Lord, Lord Fowler, taking his place on the Woolsack for the first time. As we welcome him to his new role, we have an opportunity to pay tribute to his predecessor, the noble Baroness, Lady D’Souza, for her service to the House. With the noble Lord, Lord McFall, now also in place as our first Senior Deputy Speaker, it would be an appropriate time as well for us to thank the noble Lord, Lord Laming, for his service as Chairman of Committees.

Although she was only our second Lord Speaker, the noble Baroness, Lady D’Souza, made the role her own. Building on the strong foundations of the noble Baroness, Lady Hayman, and infusing the position with her own distinctive grace and poise, the noble Baroness, Lady D’Souza, served as a strong and distinguished voice for your Lordships’ House. She expanded the Peers in Schools programme, through which 100 Peers have visited more than 1,000 schools since 2011. She developed a new regional outreach programme, helping to educate people up and down the country on the extremely important work this House does. She has been a true champion of retirement since its inception, helping to build consensus to secure the legislation that allowed Peers to retire, offering the River Room for receptions for those retiring, and highlighting the success of the scheme within and outside the House. In each respect, she leaves a hugely valuable legacy. We can be particularly grateful for the way in which the noble Baroness served as our representative, whether in her outreach work, her efforts to build links with parliaments across the world or in welcoming world leaders to address Parliament.

No matter the setting, she discharged her responsibilities with great distinction and was a real ambassador for your Lordships’ House. Nowhere was that clearer than when she led tributes to Nelson Mandela in the days following his death. While I was not in the House, I know that she spoke movingly about his impact in a speech that was all the more profound because of its roots in the noble Baroness’s own experiences fighting apartheid in South Africa. The noble Baroness discharged her duties on and off the Woolsack with warmth and good humour. She leaves office with the respect and gratitude of the whole House, and I hope she will continue to bring her considerable wisdom to our work in the coming years.

We also owe a great debt of gratitude to the noble Lord, Lord Laming. As has been said many times, he stepped into the breach in extremely difficult circumstances. As a House, we were incredibly lucky that in our time of need we could call upon the perfect man for the job, an unflappable and collegiate man who is truly dedicated to public service. Each and every one of us—certainly in my case from personal experience—can attest to his warmth and courtesy, but as Chairman of Committees we saw his other qualities as well: his expert chairmanship; his rigorous attention to detail; and his ability to navigate a straightforward path through the most complex of areas, something that I myself will have to learn. No doubt I will call on his experience.

No matter the subject, the noble Lord was assiduous in building consensus, and always with the same statesmanlike manner that he displayed in his four distinguished years as Convenor of the Cross-Bench Peers. What is more, he managed to combine the role of Chairman of Committees with the completion of his report In Care, Out of Trouble for the Prison Reform Trust. That he was able to discharge both responsibilities simultaneously showed off his seemingly endless reserves of energy, and I am delighted that we will continue to draw upon his expertise in his role as chairman of the Services Committee.

I conclude with congratulations and good wishes to the noble Lords, Lord Fowler and Lord McFall, as they take on their new responsibilities. While their predecessors will be hard acts to follow, both noble Lords bring with them a wealth of experience of Parliament that will equip them well for their work in the coming years. I am looking forward to working with both of them, and I am sure I speak for all noble Lords when I wish them the very best of luck and say that they carry with them the support and confidence of noble Lords on all sides of the House.

[Baroness Smith of Basildon (Lab)]

My Lords, as the noble Baroness has alluded to, today we pay tribute to two firsts in this House: the first Senior Deputy Speaker, my noble friend Lord McFall, and the first male Lord Speaker, the noble Lord, Lord Fowler. Today is an opportunity to thank both the noble Baroness, Lady D’Souza, and the noble Lord, Lord Laming, for their services to the House.

As has been said, the noble Lord, Lord Laming, did not expect or seek the office of Chairman of Committees. If this is not telling tales, before the Summer Recess last year he shared with me that as his office as Convenor of the Cross Benches was coming to an end, he was looking to having more time for other activities in your Lordships’ House; indeed, we have heard about his work on the review for the Prison Reform Trust, In Care, Out of Trouble. He was not to have that, though, and instead he willingly took on what has been a demanding role. At all times he has brought his customary courtesy, his impeccable manners and his thoughtfulness to his work.

The noble Lord and I have served on many committees together, and I have greatly welcomed the consideration and integrity that he has brought to at times complex issues and his willingness to seek consensus wherever possible. I have also enjoyed his style of chairing committees; I can think of no occasion where a committee member has not considered that they have had a full opportunity to contribute, and we have still finished on time.

The noble Baroness, Lady D’Souza, as only the second Peer to hold the position of Lord Speaker, has approached her term in office with enthusiasm, dedication and great personality. She has reached out to the wider public about the work of our House, which has taken her across the length and breadth of our country, debating and promoting the role and purpose of the second Chamber. I hope there is a record of all the meetings and events that she has addressed during her time in office. It should be recognised that, perhaps uniquely among parliamentarians, she was rewarded with a standing ovation at the Women’s Institute.

House Committee

Baroness Smith of Basildon Excerpts

Thursday 21st July 2016 Lords Chamber

[Lord Campbell-Savours (Lab)]

In light of what the noble Baroness, Lady Maddock, has just said, would it not be wise perhaps for the chairmen of the previous committees to speak to the new Services Committee when it finally meets? That might help us to take forward the agendas that are to be inherited.

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness the Leader for her introduction and the noble Baroness, Lady Maddock, and the noble Lord, Lord Campbell-Savours, for their comments, which are perhaps helpful in taking forward the kind of things that the House should consider.

Looking at the Order Paper and the Motions before us, I think that they are quite weighty issues for our last sitting day before the Summer Recess. The main part of the report is the governance business, but I also welcome, and have supported, the two proposals from the Procedure Committee. The first is to make the balloting of questions during recess permanent, which is certainly an aid to those Members not based in London who wish to take a full part in our proceedings. There is also the extremely radical proposal that the House of Lords Clocks will now show seconds, as well as minutes. That will be helpful to colleagues speaking in time-limited debates, but I am sure that the Whips’ Offices and the usual channels will find it extremely helpful.

[Noble Lords]

Hear, hear.

[Baroness Smith of Basildon]

It is rare that I get a cheer from the Whips.

Although this is a fairly brief debate, the work undertaken to get to this point has been considerable. The noble Baroness the Leader is quite right: there has been a very consensual approach from the start. I am sure that she will take on board the points made about picking up the work undertaken by previous committees of the House. Not everybody will agree with every detail, but at no point has any view on the structure been ignored or dismissed without proper consideration.

Government: Ministerial Changes

Baroness Smith of Basildon Excerpts

Monday 18th July 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, in leading the tributes today to the noble Baroness, Lady Stowell, I believe we should all acknowledge the personal commitment that she has brought to her role as the Leader of the House—a position which is never easy in a House that values its independence and welcomes the opportunity to deploy its experience and expertise. It is a dual role, as the leader of the government party in your Lordships’ House but, equally importantly, as the leader of the whole House. It is also a role that faces both ways, being both the Government’s voice in your Lordships’ House and the voice of your Lordships’ House in Government. This is also the first time ever that the government party has found itself without an automatic majority in this House, and that requires careful and thoughtful management from all of us. When the noble Baroness took office, just two years ago, she said she was,

“very conscious of the great privilege of being Leader”—[Official Report, 15/7/14; col. 500]—

and that has always been evident.

In paying tribute to the noble Baroness, Lady Stowell, I also warmly welcome the new Leader, the noble Baroness, Lady Evans of Bowes Park. Like the noble Baroness, Lady Stowell, she brings with her the experience of the Whips’ Office and did not take her seat in your Lordships’ House with the ambition of becoming Leader but with the ambition of serving her party and her country. We have already seen the enthusiasm she has brought to her work, and we wish her well.

I think that the noble Baroness, Lady Stowell, would agree that the highlight of her time in your Lordships’ House—so far—has been her commitment and skill in taking through the Marriage (Same Sex Couples) Bill. On an issue about which some dared to doubt that your Lordships’ House would be constructive, she brought both political judgment and humour to what might have been some difficult debates. Who will ever forget her explanation on adultery? She explained that if she were married to George Clooney, under the then existing law:

“Should I wish to divorce Mr Clooney on those grounds, I would do so on the grounds of unreasonable behaviour. In future, if the noble Lord, Lord Alli, was to marry Mr Clooney, and Mr Clooney was to have an affair with me—and who would blame him in those circumstances?—that would be adultery and the noble Lord, Lord Alli, should he choose to, would be able to divorce Mr Clooney on those grounds”.—[Official Report, 8/7/13; col. 146.]

The wit and careful thought she brought to that debate helped us all better appreciate the details. George Clooney has since married, but I am told that the life-size cut-out that once graced her office is still around.

The noble Baroness, Lady Stowell, has been the Leader of the House through some difficult times, including the recent referendum on leaving the EU. At all times, her commitment to the House and her honesty have been clear. On a personal level, I add my thanks to her for being open and candid with me—we have not always agreed, but we have always had enjoyable and cordial meetings. We wish her every success in her new challenge.

[Lord Wallace of Saltaire (LD)]

My Lords, from these Benches I pay a warm and special tribute to the noble Baroness, Lady Stowell. She and I first worked closely together on the Bill to which the noble Baroness, Lady Smith of Basildon, referred, the Marriage (Same Sex Couples) Bill in 2013. I certainly remember very well the evening when she tackled what was a difficult issue with great humour and was able to explain it in a way which, at the end of the day, everyone understood. It received Royal Assent three years ago last week. That was a productive and friendly working relationship, and one that continued not only during our time together in government, when I served as her deputy as Deputy Leader of the House, but since the general election last year when, although on opposite sides of your Lordships’ House, we still had to meet regularly, always with cordial co-operation, albeit that we did not always agree.

The skill that the noble Baroness demonstrated in steering that Bill through the House and dealing with the many difficult issues during her time as a Minister in the Department for Communities and Local Government put her in good stead to lead your Lordships’ House. During her tenure as Leader, the noble Baroness constantly looked to see how we could improve the ways in which we operate to ensure that we are as effective as possible in how we conduct ourselves—as has been said, it is never easy. I know from our many conversations that she was ever mindful of trying to safeguard the reputation of your Lordships’ House, particularly when we are understandably under so much public scrutiny.

The noble Baroness also recognised some of the shortcomings of our domestic governance arrangements and set up a working group under the direction of the noble Baroness, Lady Shephard of Northwold, to review and make recommendations for new ways of working. The final Motions to put those changes into effect are due to be put before the House on Thursday, and I am sure these new structures will serve as a lasting legacy to the work of the noble Baroness, Lady Stowell, and her determination to ensure that this House always looks to improve itself and to be the best it can be.

I also take the opportunity to welcome the noble Baroness, Lady Evans of Bowes Park, to the role of Leader of the House. She takes on this role at a momentous time for our country as the Government negotiate our withdrawal from the European Union. I know your Lordships’ House will take a keen and particular interest in these negotiations as they progress, and I am sure the weight of experience in this House and the very valuable work done by our European Union Committee will be of assistance to her as she represents our House in government.

When I welcomed the noble Baroness, Lady Stowell, to her role as Leader on 15 July 2014, I noted that later that afternoon she would have to attend her first meeting of the House Committee. The noble Baroness, Lady Evans, will have to wait a bit longer for that particular perk of office—it will be tomorrow afternoon. Indeed, when I saw on today’s Order Paper the Motion substituting the noble Baroness, Lady Evans, for the noble Baroness, Lady Stowell, on a whole range of committees, I recalled that when I succeeded my noble friend Lord McNally as leader of the Liberal Democrat Peers, the previous Chairman of Committees moved a similar Motion and said that he did so with commiseration. Aspiring candidates to succeed me on these Benches may wish to take note.

I look forward to working with the noble Baroness, Lady Evans, for a few more weeks still, and wish her the best of luck in her new role as Leader of Your Lordships’ House.

Outcome of the European Union Referendum

Baroness Smith of Basildon Excerpts

Tuesday 5th July 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, recently we have seen how strong leadership, good teamwork, thoughtful strategy and real skill can be effective and successful. Unfortunately, it has come not from politics or government but from the Welsh football team, which brought much-needed cheer to us all.

The debate over the next two days is not about the referendum campaign. We are all still seeking to understand what happens next and where we go from here. What alarms me, fuelled by the uncertainty that now affects so many areas of our life, is not only how few answers the Government have but how few questions appear to have been asked beforehand. Your Lordships’ House, with all its knowledge and expertise, which the noble Baroness acknowledged, recognised this and, during the passage of the legislation, asked the Government to prepare not only reports on the impact of Brexit but also contingency plans. The Government declined to do so.

It is therefore impossible to address the uncertainty without recognition of the false promises that were made on such a gigantic scale. The most obvious is the insistence before the vote that £350 million a week would be available to the National Health Service, before that being denied within hours of the polls closing. It is one thing to make promises in good faith, even if they cannot later be fully kept, but it is quite another to tell tall tales knowing that they are complete fiction. Both of those fuelled the current uncertainty.

In Questions last week, the noble and learned Lord, Lord Keen of Elie, was asked about the 3 million EU citizens living in the UK and the UK citizens living in the EU. Unable to offer any reassurances, he merely implied that EU citizens in this country would be used as some kind of bargaining chip when negotiating the rights of British citizens in other EU countries. In this House we all know that is wrong. It is unacceptable and must be resolved urgently. The longer this issue drags on, the more damaging it is.

We have had two prime ministerial Statements on this issue since the result. The fall-out has dominated articles, the airwaves, social media and conversations in our pubs, our shops and around dinner tables up and down the country. Since the result we have less certainty, not more. That is in part because of the way this has been handled by the Government, who apparently have no plan for dealing with the situation.

Having said he would see the negotiations through, the Prime Minister has announced his resignation and said they are a matter for his successor. I feel strongly that those who made their case by relying on information that was known to be false, or made promises they knew they would never be able to keep, have acted without integrity. When the new Prime Minister comes to appoint a Cabinet, it should be uppermost in her mind that commitment to the truth is an essential quality. We all know that we have a difficult road ahead of us and we must all play our part. We have to move forward in a way that is constructive and in the best interests of our country, of British citizens here and abroad, and of those who live and work here. In order to do so we must recognise that there are issues that cannot wait for Mr Cameron’s replacement.

For constitutional issues, absolute legal precision is required. How is the trigger for Article 50 authorised? Is this a matter for Parliament or the Executive? The Prime Minister has said that when to trigger Article 50 is a decision for the new Prime Minister. Is it the view of the Government that the decision lies entirely in her hands? Why would such a fundamental decision not be a matter for Parliament?

There remains a lack of clarity about the process of leaving the EU and when the decision takes effect. During the debate on the Statement, the noble Lord, Lord Butler of Brockwell, to whom I apologise for not telling sooner that I would raise this, asked an extremely important question of the noble Baroness the Leader of the House. He asked for confirmation of whether the UK’s departure from the EU would not be final until the end of the two-year negotiation process, and whether, when the terms of departure were known, it was the duty of the Government to ensure that the public had the opportunity to consider those terms. The noble Baroness did not answer the question, other than to confirm what we already know: that Article 50 will trigger a two-year process and that the current Prime Minister is handing responsibility for implementing it to his successor. But this is an important and serious issue on which a lot of lawyers are already in debate. Having given people a say in initiating the process of withdrawal, should the public wish to debate, discuss and vote on the terms of that withdrawal, will they be able to do so?

On the advice of senior and expert legal opinion, the report of our own EU Select Committee—very well chaired by the noble Lord, Lord Boswell—made the point, in the noble Lord’s words:

“Withdrawal is final only once a withdrawal agreement enters into force, so a member state that had given a notification under Article 50 would be legally empowered to reverse that decision before this stage”.—[Official Report, 15/6/16; col. 1223.]

But in the legal opinion published in an article on the UK Constitutional Law Association website, entitled “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role”, Nick Barber, Tom Hickman and Jeff King—all highly respected and regarded in the legal world—make it clear that once Article 50 is invoked and the clock starts ticking on the two years of negotiation, if no acceptable withdrawal agreement is reached, membership will cease without agreement. So, we have two heavyweight, serious legal opinions that are completely different. I am not a lawyer and it is not for me to judge which is correct, but surely the Government must clarify exactly how this works before embarking on the journey. That cannot be left to the next Prime Minister. Do the Government have a position that they have agreed with the EU and can they confirm what that is?

The noble Baroness said—I think she did so last week, as well—that the role of Parliament in the negotiations is not yet clear. That has been confirmed across the board by senior Conservatives standing for their party leadership. This is a critical issue. It is not just about allowing time for debates and it is not even about the scrutiny of decisions taken by the Government. These are the most profound, complex negotiations imaginable. We have 40 years of co-operation, 40 years of joint working, and 40 years of legislation to unravel and disentangle.

My colleagues in the other place, Seema Malhotra and Stephen Kinnock, have written to the Prime Minister with six key principles for how that engagement could be taken forward. Have the Government considered new parliamentary structures, such as specialist committees—possibly Joint Committees—for working on the detail of the negotiations and seeking advice from experts? And what consideration has been given to the role to be played by the EU Committees in your Lordships’ House and, as acknowledged by the noble Baroness, their vast expertise? Because as well as the legal process of disengaging and removing ourselves from EU institutions, we will have to examine areas as diverse as environmental protection, rights at work, consumer protection, crime and security, and transport, alongside, of course, the all-important trade discussions, which will include the issue of the single market and freedom of movement.

Then there is the legislation provided for through treaties and directives that will need to be confirmed in British law if we wish to keep it. Do we know how many such laws there are and in which areas? I sincerely hope that someone somewhere in Whitehall is trying to compile what I imagine will be the largest ring binder in history.

That is why the role of Parliament has to be clear. Once Article 50 has been triggered, we cannot afford to wait for six months while the Government start to consider what the processes in Parliament will be. In the Prime Minister’s statement there was more about the role of the devolved institutions and the Civil Service than about Parliament. And what about the role of those institutions and organisations affected—local government, our National Health Service, the police, the TUC, businesses, and the education, science, and arts and sports sectors? So many vital decisions that affect our economic, social and cultural life are now on hold.

When Mr Cameron committed to staying on for the negotiations it was accepted as providing continuity, but now the Conservative Party is having a contest for a new leader, who will be the new Prime Minister. The noble Lord, Lord Dobbs, has said that even he could not have scripted this story, and he invented Francis Urquhart and “House of Cards”. The role of Parliament in the negotiations should be set out by those who wish to be the next Prime Minister. The two main contenders for leadership have starkly opposing views, even on when negotiations should start. On Sunday, Theresa May, appearing on the Peston programme, said they should certainly not begin,

“before the end of the year. We need to establish our own negotiating position”.

She is not just a member of the Cabinet that gave us the referendum; she is the Home Secretary. Was the Cabinet really so unclear when it made that decision about what our position would be? Yesterday, Andrea Leadsom said we should trigger Article 50 and start negotiations straightaway. That is a continuation of the “act now, think later” politics that has created the current instability.

Last week, I asked the noble Baroness the Leader of the House about the Government’s programme for the coming year. She said that nothing has changed, but everything has: this is not business as usual. The legislative programme outlined a little over a month ago in the Queen’s Speech seems to limp on without recognition of the huge amount of new work that needs to be undertaken. Journalists have reported that senior civil servants already feel that Brexit will consume their energies for years to come. It will be the central focus of our policies, our politics and our Government: a massive collective effort from everyone and anyone involved in government that no part of the Civil Service will be able to avoid.

From Whitehall to local government, gaps in funding from the EU will have to be plugged, regulation undone and redone, and networks reworked. It is absolutely right that, as the Prime Minister said, the brightest and the best will be needed for this process, but we needed those people to work on our housing policy, to develop the UK as a centre of new digital and technological advances, and to deal with issues like those in our health service and businesses, and the demographic changes challenging our society. Just think what they could be doing now.

There is not a single sector currently being offered guidance or support from the Government on what the EU result means for them. There are no answers yet for our businesses or public services, who employ thousands of EU citizens. There are no plans and there is no advice for our more deprived areas about how to manage the withdrawal of EU funding. And our educational institutions, environmental bodies and the scientific community require advice, support and, above all, information.

Large employers are already drawing up plans to leave the UK, and the Government’s lack of certainty about EU citizens working for global companies based here is hugely damaging. This is the result of economic uncertainty.

The result of cultural and social uncertainty is uglier still and sharply felt. Since the EU result there has been a 57% rise in hate crimes and four times the national average of hate crime incidents have been reported. For those who invested so much in the ideals of Europe and those on either side of the campaign, the current political enthusiasm and interest should be harnessed for good. We want to see it focused in positive ways, not left blowing in the wind or, worse still, fuelling a greater distrust of politics and politicians. I doubt that the noble Baroness will be able to convince your Lordships’ House that the Government understood all the implications of a leave vote when they offered a referendum, but we now need urgent reassurances on the constitutional position and the role of Parliament. I accept that there are some issues that it is entirely reasonable to leave to the new Prime Minister, but not these.

More than ever, we need to unite around a common purpose of decency and tolerance. This is true for tackling the social uncertainty we are facing, as well as our current economic and political uncertainty. When the country is crying out for direction and leadership, we have a duty to answer. I believe that your Lordships’ House can be part of that solution, and as the Opposition we stand ready to play our part.